Creek_War_Treaty_1814

Constitution and By-Laws of the Alabama-Quassarte Tribal Town

PREAMBLE

We, the Creek Indians of the Alabama-Quassarte Tribal Town, a recognized band of Indians composed of the former tribal towns of Alabama and Quassarte No. 1, in order to get the benefits of the Oklahoma Indian Welfare Act, do adopt the following constitution and by-laws to govern our town.

ARTICLE I—NAME

The name of this organization shall be the Alabama-Quassarte Tribal Town.

ARTICLE II—OBJECT

The object shall be to get land and either operate it together as a town or to assign it to members of the town for their use; to borrow money for general town enterprises as well as to relend it to its members; to protect the members of the town from loss of, or injury to, their land and property; to care for old and unfortunate members and to assist the injured to obtain proper medical and hospital care; to carry on the traditions of the town, and to promote the general welfare of the town and its members.

ARTICLE III—MEMBERSHIP

All persons who were on either the 1890 authenticated census roll or the 1895 pay roll of the towns of Alabama and Quassarte No. 1 were and shall be members. All persons born of parents both of whom were members when the person was born were and shall be members. All persons born of women who were members when the person was born were and shall be members. All persons born of non-Indian women whose fathers were members when the person was born were and shall be members. All members shall have equal rights except as set forth below in connection with eligibility for office.

ARTICLE IV—ADOPTION AND WITHDRAWAL OF MEMBERS

Any Indian may be adopted as a member by the Chief with the consent of the Governing Committee through its chairman, and with the consent of the Secretary of the Interior. All applications for adoption shall be investigated at the former home of the applicant and shall be acted upon within thirty days after they are made. No person not a citizen of the United States may be adopted as a member of the town unless he was residing in the following described territory on May 1,1937:

The territory bounded on the west by a line running along the west line of Township 9N, 12E to the South Canadian River, on the south by the South Canadian, River, on the east by a line running along the east line of Township 9N, 11E , on the north by Okfuskee county line.

Any person applying for adoption shall pay a fee of five dollars unless he was residing in the above described territory on May 1, 1937, or unless he is married to a member of the town. Any person who is adopted must give up all of his allegiance and rights arising from membership in any other Indian tribe or band, other than the Creek Nation of Indians of Oklahoma, before adoption into this town. If the applicant is a member of another Creek Town, the consent of that town must be obtained, provided such town is still in existence.

Any member may withdraw from membership by filing written notice thereof with the Chief who shall consent to the same in writing, and give a copy to the person withdrawing.

ARTICLE V—OFFICERS

The officers of this town shall be the Chief, the Second Chief, the Secretary, the Floor Speaker, the Solicitor, the Chairman of the Governing Committee, and twelve members of the Governing Committee. The powers of the town shall be exercised by the Chief with the consent of the Governing Committee. In case of a dispute between the Governing Committee and the Chief, the matter shall be settled by the Solicitor. The Solicitor and the Floor Speaker may each appoint an assistant and as many interpreters as they may need. The present officers shall continue in office for a period of four years from the adoption of this Constitution and By-laws, or until their successors are elected and installed, and an election of officers shall be held by the town membership each fourth year thereafter.

ARTICLE VI—ELIGIBILITY FOR OFFICE

Men shall be eligible for office at the age of twenty-one and women at the age of eighteen. No person shall be eligible to take office after the adoption of this Constitution and By-laws unless he is a member of the town. No mixed blood member may hold office unless it shall be decided by a majority vote of the members that he is dependable and has special qualifications. Adopted members may take office only with the consent of the members by a majority vote. Any person removed from office for willful neglect of duty shall not be eligible for office for one year thereafter. Any person removed from office for a minor fault shall not be eligible for office for six months thereafter.

ARTICLE VII—REMOVAL FBOM OFFICE AND FILLING VACANCIES

Officers may be removed by a majority vote of the members of the town. Vacancies in office shall be filled for the unexpired term by a majority vote of the Governing Committee.

ARTICLE VIII—ELIGIBILITY TO VOTE

Men shall be eligible to vote at the age of twenty-one and women at the age of eighteen.

ARTICLE IX—BILL OF RIGHTS

No member shall be treated differently because he does or does not believe in or take part in any religion or religious custom.

This Constitution shall not in any way be construed to alter, abridge or otherwise jeopardize the rights and privileges of the members of this Tribal Town as citizens of the Creek Nation, the State of Oklahoma or of the United States.

The individual vested property rights of any member of the Tribal Town shall not be altered, abridged, or otherwise affected by the provisions of this Constitution by By-laws without the consent of such individual member.

BY-LAWS

ARTICLE I—DUTIES OF OFFICERS

The Chief shall preside at all meetings of the members of the town. He shall, at all times, have general supervision of the affairs of the town. It shall also be his duty to countersign all checks against funds of the town.

In the absence of the Chief, the Second Chief shall preside at all meetings of the members of the town and shall act in his stead in all matters pertaining to the office of Chief.

The Secretary shall keep an accurate record of all proceedings of the Governing Committee and of the meetings of the town and furnish copies thereof to the Superintendent and the Commissioner of Indian Affairs. He shall attend to the keeping of official records of the town and shall be responsible for the prompt and efficient handling of all correspondence pertaining to the business of the town. All official records of the Secretary shall be open to inspection by the members of the town at all reasonable times.

The Floor Speaker shall act as spokesman for the officers before the members of the town. He shall be the custodian of all funds in the possession of the town from any source. At such time as the Governing Committee or the Secretary of the Interior shall deem it necessary he shall give a bond with a surety company of recognized standing in an amount to be determined by the Governing Committee, such surety and bond to be approved by the Commissioner of Indian Affairs. He shall keep an accurate record of all town funds and shall disburse the same in accordance with the vote of the Governing Committee. The books of the Floor Speaker containing the financial status of the town shall be open to audit and examination by duly authorized officers of the Secretary of the Interior at all times, and shall be open to inspection by members of the town and its officers.

The Solicitor shall speak for the town before the United States Government and represent it in the meetings of the Creek Federation and in such other ways as he may be instructed by the Governing Committee.

ARTICLE II—MEETINGS

Meetings of the Governing Committee and the other officers shall be held on the last Thursday of the month following the adoption of this Constitution and By-laws and on the last Thursday of every alternate month thereafter. Meetings of the members shall be held on the last Thursday of the second month after the adoption of this Constitution and By-laws, and on the last Thursday of every alternate month thereafter. All action shall be by majority vote. All meetings shall be held at Mrs. Levina Beaver’s home until otherwise ordered by the Chief with the consent of the governing body. At meetings of the Governing Committee, seven members of the committee with the chairman shall be a quorum for the transaction of business. The chairman of the Governing Committee shall vote only in case of a tie.

ARTICLE III—AMENDMENTS

Amendments to this Constitution and By-laws may be proposed by a majority vote of the Governing Committee or by a petition signed by thirty per cent of the adult members of the town, and if approved by the Secretary of the Interior shall be submitted to a referendum vote of the members of the town, and shall be effective if approved by a majority vote of those voting in the election; Provided, at least 30 per cent of the eligible voters shall vote.

ARTICLE IV—ADOPTION

This Constitution and By-laws shall be effective when approved by the Secretary of the Interior and ratified by a majority vote of the members of the Alabama-Quassarte Tribal Town voting at an election called by the Secretary of the Interior under regulations which he may prescribe pursuant to Section 3 of the Oklahoma Indian Welfare Act of June 26, 1936.

I, Oscar L. Chapman, the Assistant Secretary of the Interior of the United States of America, by virtue of the authority granted me by the Act of June 26, 1936 (49 Stat. 1967), do hereby approve the attached Constitution and By-laws of the Alabama-Quassarte Tribal Town of Oklahoma. All officers and employees of the Interior Department are ordered to abide by the provisions of the said Constitution and By-la..rs. Approval recommended November 10, 1938.

JOHN COLLIER,

Commissioner of Indian Affairs.

 

OSCAR L. CHAPMAN,

Assistant Secretary of the Interior.,

[SEAL]

WASHINGTON, D. C ,

November 17,1938.

CERTIFICATION

Pursuant to an order, approved November 17,1938 by the Assistant Secretary of the Interior, the attached Constitution and By-laws was submitted for ratification to the members of the Alabama-Quassarte Tribal Town of Oklahoma and was on January 10, 1939, duly approved by a vote of 57 for, and 13 against, in an election in which over 30 per cent of those entitled to vote cast their ballots, pursuant to section 3 of the Oklahoma Indian Welfare Act of June 26, 1936 (49 Stat. 1967).

THE ALABAMA-QUASSARTE GOVERNING COMMITTEE,

By SANDY WESLEY,

DANIEL BEAVER.

J. T. WILKINSON,

Acting Superintendent,

Five Civilized Tribes.

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Dave Jolly

R.L. David Jolly holds a B.S. in Wildlife Biology and an M.S. in Biology – Population Genetics. He has worked in a number of fields, giving him a broad perspective on life, business, economics and politics. He is a very conservative Christian, husband, father and grandfather who cares deeply for his Savior, family and the future of our troubled nation.

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